HomeMy WebLinkAbout10/2/2002 - STAFF REPORTS (5) DATE: October 02, 2002
TO: City Council
FROM: Director of Planning &Zoning
AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF
CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA
QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE; THE COUNTY OF
RIVERSIDE, THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; THE
CALIFORNIA DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND WILDLIFE
SERVICE; AND CENTER FOR NATURAL LANDS MANAGEMENT REGARDING
MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY
FRINGE-TOED LIZARD.
RECOMMENDATION:
Staff recommends that the City Council adopt a Minute Order approving the attached
Amendment to Memorandum of Understanding(MOU)regarding measures to minimize and
mitigate take of the Coachella Valley Fringe-Toed Lizard,
SUMMARY:
If approved, this Amendment to Memorandum of Understanding (MOU) will continue the
$600 per acre fee to minimize and mitigate take of the Coachella Valley Fringe-Toed Lizard
(CVFTL) and remove a portion of Riverside County unincorporated land from the CVFTL
Habitat Conservation Plan. This MOU Amendment contains the MOU approved by the City
Council on May 1,6, 2001.
BACKGROUND:
The proposed Amendment to MOU will extend the provisions of the MOU approved by
Coachella Valley Association of Governments March 26, 2001 and approved by City
Council on May 16, 2001. This proposed amendment is extended to, and shall expire on,
December 31, 2003 or upon issuance of take permits by Fish and Wildlife Service (FWS)
and California Department of Fish and Game (CDFG) for the Coachella Valley Multi-
Species Habitat Conservation Plan (MSHCP). Addtionally, the MOU shall expire on
January 01, 2003 for any jurisdiction that has not filed a fully-executed Section 10(a)(1)(B)
permit application prior to releasing the Public Review Draft of the MSHCP. Approval of the
referenced Section 10(a)(1)(B) permit application will require separate City Council action.
The existing MOU identifies the agreed upon measures to minimize and mitigate take of the
CVFTL. This MOU was developed with CVAG jurisdictions and representatives from the
CDFG and FWS. It was approved at the CVAG Executive Committee meeting of March 26,
2001.
The CVFTL mitigation fee is established for the purpose of conserving lands in the CVFTL
Habitat Conservation Plan, and to ensure such activities comply with both the Federal
Endangered Species Act and the California Endangered Species Act. The current fee is
$600 per acre. The fee boundary within all jurisdictions except certain portions of Riverside
County, ll remain the same as it is today.
�anning and Zoning
Director ofC
City Manager /
ATTACHMENTS:
1. CVAG Memo dated September 13, 2002
2. Amendment to Memorandum of Understanding
3. Minute Order
TO: COACHELLA VALLEY CITIES AND THE COUNTY OF RIVERSIDE
FROM: JIM SULLIVAN, DIRECTOR OF ENVIRONMENTAL RESOURCES
DATE: SEPTEMBER 13, 2002
RE: AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING ON THE
COACHELLA VALLEY FRINGE-TOED LIZARD HABITAT CONSERVATION PLAN
In spring of 2001, CVAG, its member cities in the Coachella Valley and the County of
Riverside passed a Memorandum of Understanding (MOU) with the California Department of Fish
and Game and the United States Fish and Wildlife Service (FWS) which amended the Coachella
Valley Fringe-toed Lizard Habitat Conservation Plan. The MOU anticipated completion of the
Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation
Plan (CVMSHCP/NCCP) by its expiration date of September 1, 2002. This MOU contained an
assurance from the FWS that the permit for"take" of the Coachella Valley Fringe-toed Lizard
would not be suspended or revoked during the term of the MOU. As the CVMSHCP/NCCP is not
yet complete, the current item provides for an extension of the current MOU until December 31,
2003. For a jurisdiction to be a party to this extension, it must execute the amendment by
October 15, 2002. To remain a party to this amendment after January 2, 2003, a jurisdiction_must
have tendered a fully executed Section 10(a)(1)(B) permit application to CVAG as part of CVAG's
process for releasing a Public Review Draft of the CVMSHCP/NCCP.
CVAG requests that the enclosed amendment be placed on the agenda of your next city
council meeting.
ed 17
AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
Between
THE CITIES OF CATHEDRAL CITY, COACHELLA,
DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA,
PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE;
THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF
FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND
CENTER FOR NATURAL LANDS MANAGEMENT
Regarding
MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE
COACHELLA VALLEY FRINGE-TOED LIZARD
1. AMENDMENT OF PRIOR MOU:
As to the rights and obligations of the signatories hereto, the Memorandum of Understanding
Regarding Measures to Minimize and Mitigate Take of the Coachella Valley Fringe-Toed Lizard
(MOU) previously executed by the Parties on or about March 26, 2001 is hereby amended.
IT. EXTENSION OF TERM OF MOU:
The term of the MOU, as it applies to the signatories hereto, is extended to, and shall expire on,
December 31, 2003, or upon issuance by both FWS and CDFG of take authorizations for the
MSHCP, whichever occurs first. Said extension is subject to the following conditions:
A. The extension of the term of the MOU shall be applicable only as to those
jurisdictions that execute this amendment on or before October 15, 2002; and
B. All obligations of FWS and CDFG under this MOU shall terminate on January 2,
2003, as to any jurisdiction that has not prior to that date tendered a fully executed Section
10(a)(1)(13) permit application to the Executive Director of the Coachella Valley Associations of
Governments (CVAG) as part of CVAG's process for releasing a Public Review Draft of the
MSHCP.
Page 1
III. MISCELLANEOUS:
A. All other terms and conditions of the MOU shall remain in full force and effect.
B. As used herein, the term "jurisdiction" refers to the Cities and County that were parties to
the MOU.
C. The terms used herein shall have the same meaning as defined in the MOU.
DATED: CITY OF CATHEDRAL CITY
ATTEST:
By
DATED: CITY OF COACHELLA
ATTEST:
By
DATED: CITY OF DESERT HOT SPRINGS
ATTEST:
By
DATED: CITY OF INDIAN WELLS
ATTEST:
By
Page 2 �17,
DATED: CITY OF INDIO
ATTEST:
By
DATED: CITY OF LA QUTNTA
ATTEST:
By
DATED: CITY OF PALM DESERT
ATTEST:
By
DATED: CITY OF PALM SPRINGS
ATTEST:
By
DATED: CITY OF RANCHO MIRAGE
ATTEST:
By
DATED: 'COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS
ATTEST:
By
Page 3
DATED: COUNTY OF RIVERSIDE
ATTEST:
By
DATED: CALIFORNIA DEPARTMENT OF FISH AND
GAME
ATTEST:
By
DATED: U. S. FISH AND WILDLIFE SERVICE
ATTEST:
By
DATED: CENTER FOR NATURAL LANDS
MANAGEMENT
ATTEST:
By
Page 4 �f�
MINUTE ORDER NO.
ADOPTING AN AMENDMENT TO MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITIES OF
CATHEDRAL CITY, COACHELLA, DESERT HOT
SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM
DESERT, PALM SPRINGS, AND RANCHO MIRAGE; THE
COUNTY OF RIVERSIDE, THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA
DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND
WILDLIFE SERVICE; AND CENTER FOR NATURAL
LANDS MANAGEMENT REGARDING MEASURES TO
MINIMIZE AND MITIGATE TAKE OF THE COACHELLA
VALLEY FRINGE-TOED LIZARD.
I HEREBY CERTIFY that this Minute Order, adopting An Amendment to Memorandum of
Understanding dated March 21, 2001, between the Cities of Cathedral City, Coachella,
Desert Hot Springs, Indian Wells, Indio,La Quinta, Palm Desert, Palm Springs,and Rancho
Mirage; the County of Riverside, the Coachella Valley Association of Governments; the
California Department of Fish and Game; the U.S. Fish and Wildlife Service; and Center
for Natural Lands Management regarding measures to minimize and mitigate take of the
Coachella Valley Fringe-Toed Lizard, was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on the 2"d of October, 2002.
PATRICIA A. SANDERS
City Clerk